Ashland Coal & Iron Railway Co. v. Wallace
Court of Appeals of Kentucky
Case 92 — Petition Ordinary 1. Where employes in a mine have notice of danger attendant upon doing work at a particular place, and have investigated and conferred among themselves and conclude that it is safe, they are acting upon their own judgment, and can not recover from the master in event of injury. Bunt v. Sierra Buttes Gold Mining Co., 24 Fed.
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Case 92 — Petition Ordinary 1. Where employes in a mine have notice of danger attendant upon doing work at a particular place, and have investigated and conferred among themselves and conclude that it is safe, they are acting upon their own judgment, and can not recover from the master in event of injury. Bunt v. Sierra Buttes Gold Mining Co., 24 Fed. Rept., 848. 2. If the defendant alone can avoid the accident hy the use of due care, and does not, the plaintiff may recover; if the plaintiff alone can avoid it and does not, he can not recover; if both can avoid it neither can recover; if…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court.
Grant Wallace instituted this suit against appellant to recover damages, the petition alleging that. while in the employ of appellant, in its mines at Rush, Ky., he was knocked down by slate which fell from the roof of the mines and received injuries from which he finally died, and which he says were caused by the gross negligence and carelessness of appellant in allowing the mine to become unsafe and dangerous from overhanging slate, which had become loose and liable to fall; that this was known to appellant in time for it to have prevented the…
2Cases cited12 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
7 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Williams Coal Co. v. CooperCourt of Appeals of Kentucky · 1910
- Pfisterer v. J. H. Peter & Co.Court of Appeals of Kentucky · 1904
- Rock Island Coal Mining Co. v. DavisSupreme Court of Oklahoma · 1914
- Merchants Ice & Gold Storage Co. BargholtCourt of Appeals of Kentucky · 1908
- Louisville, N. R. Co. v. Ratliff's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1935
26 more not listed; retrieve them via the Exa API.